A PIECE of single-handed detective work won a Dartmoor landowner a case over public access on her land — putting an end to eight years of dispute.
A planning inspector ruled that the public has no right of way at Vixen Tor Farm, following a five-day public enquiry in which site owner Mary Alford presented crucial documents found in the archives of Devon County Council.
It brings to an end a campaign brought by the Ramblers, the British Mountaineering Council and others who have spent the last eight years seeking access to the tor since it was closed off to the public in 2003 by Mrs Alford and her son, Daniel, on advice from their insurers.
Following the inquiry, the inspector found that, although there was evidence that people had visited the tor, there was insufficient evidence to show that they had used it for the required statutory period of 20 years. Furthermore, he found that the evidence presented that people had used the route did not demonstrate that a public right of way had been dedicated at common law.
Derek Walsh, from Thrings solicitors, who represented Mrs Alford and her family, said Devon County Council's case was that there was a public use of the route during the period 1956 to 1976. However, documents discovered by Mrs Alford in the council's own archives showed that the relevant period was 1946 to 1966, he said.
Mr Walsh said the council did not locate the documents, despite claiming it had carried out 'exhaustive research'.
Once this evidence came to light, the Ramblers withdrew its application but the council maintained its support for the public right of way order at the inquiry, added Mr Walsh.
Mrs Alford said this week: 'We are pleased that the inspector, having seen all the evidence, agrees with us that there is no public access at Vixen Tor Farm.
'It has been a difficult period for me and my family and we have been put to considerable expense to prove what we believed all along.
'I question how much this has cost the taxpayer at a time when the council is cutting back on spending for all Devon communities. It seems such a waste of taxpayers' money when the council should have listened to locals and done its research more diligently.
'We can now, finally, put this matter behind us and continue actively farming the land as we always intended.'
She expressed thanks to all the people who had supported them over the years, especially their barrister Karen Jones, of Tanfield Chambers.
Mr Walsh said: 'The council's failure to locate important documents in its own archive was significant. The fact that its discovery led the Ramblers to withdraw its application shows how important these documents were to the claims being made. These should have been located by the council during its own investigations.
'This is an order that should never have been made in the first place.'